Property Types

Landfills - Construction & Demolition

Construction and Demolition (C&D) landfills receive debris, typically consisting of excavated material and wastes from demolition and construction activities. Materials collected in such wastes and brought to the landfill could expose the owner to environmental liability, including hazardous wastes not separated from C&D waste, excess toxic materials in disposed of containers and equipment, and wastes that contain inseparable hazardous constituents. Leaks, spills, or hazardous emissions from disposed materials can contaminate soil, water, and air, leading to environmental cleanup and tort liability. Improper stormwater management and insufficient liners or leachate collection systems can also lead to environmental liability.

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Environmental Exposures May Include

Hazardous Waste
Soil and Groundwater Contamination
Mercury and Polychlorinated Biphenyls
Treated Materials
Asbestos and Lead
Hydrogen Sulfide
Leachate
Stormwater Run-off

Hazardous Waste

C&D landfill waste streams are large and varied, including excavated materials and waste from roadwork, demolition, construction, renovation, and site clearance. Collected waste and debris may contain hazardous waste as regulated under the Resource Conservation and Recovery Act (RCRA) or items containing hazardous components that may be regulated in some states. If improperly managed, hazardous or toxic wastes can pose serious human and environmental risks.

Soil and Groundwater Contamination

Excess material waste may contain chemicals and solvents that can leak out of containers and contaminate soil and groundwater. Materials may include paints, adhesives, roofing cement, caulk, sealants, epoxy, lacquer thinners, and pesticides. Oil filters, petroleum distillates, waste oils, greases, machinery lubricants, and brake fluid from vehicles and equipment may also be discarded from construction sites and wind up in C&D landfills.

Mercury and Polychlorinated Biphenyls

Items containing hazardous chemicals such as batteries, fluorescent bulbs, appliances, air conditioning units, smoke-detector, and exit signs can be disposed of or mixed with C&D waste. Broken devices or leaching of chemicals can contaminate soil and groundwater. Devices can include mercury (electrical switches, fluorescent light bulbs, batteries, and thermometers) and polychlorinated biphenyls (PCBs) found in lighting ballasts and the dielectric fluid in transformers. Mercury is often a constituent of gases that are emitted from landfills. Mercury contained in buried landfill waste is known to migrate vertically and be released via upward emission to the atmosphere or downward leaching to groundwater. PCBs can easily accumulate in the soil and penetrate various barriers. Exposure through inhalation, ingestion, and dermal contact is associated with many health hazards.

Treated Materials

Many C&D wastes contain inseparable hazardous constituents from bulk items. Some examples include formaldehyde in carpets, chemically treated or coated wood and insulation, fire retardants, preservatives, and surface-coated insecticides on plywood and treated wood. These hazardous constituents can leach into groundwater and discharge into surface water, possibly harming drinking water or aquatic life. They can also be released into the air during landfill fires.

Asbestos and Lead

Discarded debris from demolishing older structures may have asbestos-containing materials (ACM), such as ceiling and floor tile, roofing shingles, and insulation. ACM must be disposed of at a licensed facility permitted to accept it but can end up in C&D landfills. Debris may also contain lead, found on paint from walls, woodwork, siding, and doors or in pipes and solder. Lead-contaminated debris or dust can enter soil and groundwater and reach surface waters.

Hydrogen Sulfide

Hydrogen sulfide gas emissions at landfills have often been attributed to the disposal of gypsum drywall and its anaerobic breakdown. Inhalation of hydrogen sulfide in the air affects the eyes, lungs, and nervous system. Methane gas is also generated during anaerobic digestion when bacteria break down organic material. All of these processes are exothermic (heat-generating). Hydrogen sulfide, other sulfur compounds, and methane are all flammable gases that can result in surface and underground fires at high enough concentrations.

Leachate

Insufficient or no landfill liner or leachate collection and treatment system can allow contaminated leachate to enter soil and groundwater, which could migrate to drinking water. Historically, C&D landfills have not been perceived as hazardous as other landfills and have not been required to adhere to leachate collection system requirements. However, groundwater monitoring and other studies indicate leachate from C&D landfills may contain hazardous components. Contaminants typically found in surrounding groundwater include cadmium, lead, iron, manganese, chlorinated VOCs, sulfate, chromium, and arsenic.

Stormwater Run-off

Exposure of landfills to weather elements creates a significant risk for stormwater run-off to collect excess and leached solvents, chemicals, oils, pesticides, and heavy metals. Outdoor stockpiles of appliances and equipment can also undergo weathering and release hazardous compounds with stormwater. Improper control, containment, or pre-treatment of stormwater run-off before discharging into the sanitary or storm drainage systems can pollute soil and groundwater or discharge directly into surface waters, impacting human health and aquatic systems. Stormwater run-off may fall under state or federal regulations.

Environmental Pollution Liability Can Provide Coverage For

Off-site cleanup of new and pre-existing pollution conditions

Third-party claims for bodily injury and property damage

Third-party claims for cleanup

Both sudden and gradual pollution conditions

Aboveground and underground storage tanks

Business interruption resulting from pollution conditions

First and third-party transportation pollution liability

Mold, bacteria, viruses, legionella, and more

Loading and unloading

Defense of third-party claims

Illicit abandonment

Non-owned disposal sites

Natural resource damage

Claims Scenarios & Examples

A property owner sued an adjacent construction and demolition waste landfill for contamination that migrated onto their property. The property owner alleged that the landfill allowed asbestos and various liquid wastes to be disposed of at their property and that these contaminants polluted the groundwater. The complaint also alleged that nearby residents had contracted unspecified health problems because of the contamination.
A construction and demolition debris facility was storing waste in an open dump instead of recycling it as they should have. As a result, the state Environmental Protection Agency (EPA) issued an order of violation and shut down the facility. The EPA also ordered the company to immediately remove all material from the location. An environmental engineer was hired to perform air quality tests at the location and found hydrogen sulfide at two to three times higher than allowed. The high levels were believed to be from rainwater mixing with gypsum drywall. Consistent exposure to these levels is known to have serious health issues. Because the dump was located near a residential community, additional testing was requested by the engineer to see if the residents were exposed to airborne toxins.
Neighbors of a construction and demolition landfill and recycling center filed complaints of dust and odor coming from the landfill. As a result, the State Department of Environmental Protection sued the landfill owners and assessed civil penalties. Upon investigation, air monitors at the location showed high levels of hydrogen sulfide, and the groundwater was found to be contaminated. The owners were ordered to remediate the groundwater, complete construction of the remedial action system according to the state department’s approved plan, and remediate surface water quality to comply with the state administrative code.
Environmental Protection Agency (EPA) inspectors found that two construction and demolition debris fill operations were accepting truckloads of debris that contained various materials, such as metal, dry cell batteries, plastic, wood, and glass, mixed with soil and brick fragments and that they failed to certify the truckloads as uncontaminated, which they had to do by law. It was also found that the facilities had no barriers for stormwater and water run-off on-site, so any water at the location was emptied into a creek. The locations were sued for these violations. The suits sought to have the company required to remediate any contamination, stop accepting and disposing of any waste, and impose civil penalties.
Residents sued a 47-acre construction and demolition landfill for the toxic fumes from the property. About 350 residents reported illnesses such as nausea, vomiting, and respiratory problems. The lawsuit claimed that the landfill accepted construction and demolition debris that caused a release of hydrogen sulfide gases. The residents also claimed that their property values dropped due to the odor. The suit settled for $3.5 million, and an additional $4 million more was spent to seal the top of the dump with a synthetic liner and install a gas recovery system.
A construction and demolition landfill was found to have a leachate leak and was fined over $31,000. The Solid Waste Department conducted water sample tests at a sediment pond near the landfill, and vinyl chloride was found. An inspector also observed the landfill for a few days and found leachate running from the landfill into the stormwater management system, where it mixed with stormwater run-off that flows into a retention pond that discharges into a nearby river.
After receiving authorization to operate a solid waste management facility designed to collect construction debris, including uncontaminated soil, rock, concrete, brick, and asphalt, the facility was found to contain unauthorized waste and not have proper measures to manage water pollution and silt and erosion controls. Samples taken from the site found lead, mercury, and other chemicals. The state attorney general sued the facility owner seeking civil fines, penalties, and site remediation.
The state sued the owners/operators of a construction and demolition debris landfill for violating the state’s environmental laws and regulations. The state claimed that the landfill did not have enough pickers to sort impermissible solid waste from construction debris, and they operated without an approved leachate management system, relying on manual rather than automatic pumps. Because of this, leachate would overwhelm the system when the pumps were not running and flowed into a creek. The landfill was also found to be operating with improper stormwater management and did not stabilize undisturbed areas of the facility or have an accurately-sized sediment pond. As a result, sediment and waste material discharge entered state waters. The landfill was also found to be illegally disposing of waste onto haul roads through improper loading and transporting of construction and demolition debris. The landfill was found liable on all counts and was responsible for $4.75 million on top of cleanup costs.

Final Consideration

Your business can be faced with the cost to defend itself against allegations or legal action from pollution related events, regardless if you are fault or not. Having the proper insurance coverage in place will help fund the expenses incurred to investigate or defend against a claim or suit and provide you with environmental claims handling expertise.

This environmental risk overview offers a general understanding of potential risks and may not reflect all risks associated with your business. Environmental Risk Professionals has compiled this overview for informational purposes only. This overview does not constitute legal opinion or advice, nor does it establish a consultant-client relationship. This overview is not intended to guide project parties in interpreting specific contracts or resolving disputes; such decisions may require consultation with counsel and depend on various factors. © 2025 Environmental Risk Professionals, LLC

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